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201009120 dismissed with a ruliag that, in Lender's judgment, preclades farfetiure vf the Prop�rty or other material impairment of Lender's inleresi in the FrQpe�ly or ri�hts under this Security Inslrume�i. The pcaceeds af any award Ur claim for dar�Yages Ihat are attributable lo the impairm�nl of Lender's interest in the Prape�y are hereby assi ned and Shall he paid to Lender. 11L1 N[isce�laneaus Praceeds ihai are not applied to restaration or r�pair of t!►e Property shall be applied in the arder pravided for in Sec�ion 2. 12. Borrower Not Reiease�; Farbearance Hy Lender I�Iot a Waiver. Extension �f ihe l�me for payment ur modi�cation af amortiz�tian of the sums secured 6y this Security IrNSkrameat granted by Lender to Bor�rower or any Successor in Mnteres� nf ��rrower shall not aperate to release tE�e liability af �3arrower or any Successors in In�erest of $orrnwer. Lender shall nat be required to commence pro�eedin�s aga3nst any Successor in Interes� af Borrower or ta refuse to ex�end time for payrnent ar ath�rwise madify aRZOr�ization of Ihe sums secured by lhis 5ecurity Instrumeni by reason of any demand made by th� ur�ginal Bnrrow�r or any 5uccessors in Interest nf Borravver. Any farbearance by Lender in exercisin� any right or remedy inclnding, without limi�ation, Lender's acceptance of payments from third persons, entities or Successors in lnterest Qf Bvrrower or in am�unts less than ih� amoant then due, shall not be a waiver vf or preclude the exercise �f any right ar remedy. 13. 7aiat and Several Liability; Co-siguers; Successors and Assigns Sound. Borrawer covenants and agrees thai Barrawer's abli�atians and ]iability shall be jaint and several. Hawever, any Borrawer who co-signs this Security lnsttvment but does not execuie the No�e (a "co-signer"): (a) is co-signing ihis Security ]nstrument only ta mortgage, grant and cnnvey the ca-signer's inieresl in the Property under the terrns qf this Security Inslrument; (b) is nol perS4nally abiigaied lo pay the su.ms secuced hy IhiS Security Instrument; and (c) agrees that Lender aad any olher Borrawer can agree ta extend, modify, forbear ar make any accammodations with regard to the terms af this 5e+curtty [nstntment ar t�e Note withaut the Co-si ner's consenl. �ubject ro the provi5ions of Seclion 18, any Successor in lnteresl af' �orrower who a5Su�tt�5 $vrrawer's abligations under this Securiiy (nstrument in writing, and is appraved by Lender, Shall abtain all af Borrawer's rights and hen�6ts under this 5ecurity Ins[rumea�. Sorrawer shall nat bc released frvm Sorrower's obligations and liabilily under thi5 Securiit}� Instrumeni unless Lender a rees to such release in writing. The covenants and agreements of this Security Instrument shall bind �except as provided in Sectian �0} and benefi� the successars and assigns vf I,ender. 14, Loan Chargea. Lender may charge Borrower f�s far services performed in ��r�neci3on wi�h Borrow�r's defauli, for !he purpase of pr�tecting Lender's interest in the Property and right� under this Securiry Instrument, includi�g, but not timiled to, a�tarneys' fees, property inspection and valuation fees. in re�ard to �ny other fces, the absenc� af express au�harity in this Security Instrumeni to char�e a speciCrc fee tn T3arrower shall nat be conslrued as a prohibition on the eharging af such fee. Lender may nnt charge fees tha� are expressly prohihiled hy this Security Instr�ument ar by Applica6le Law. [f the i,oan is subje�t 1a a law which sets maximum ban charges, a�.d that law is finally interpreted so that the interest or other laan eharges collected or to �e cotlected in connectian wiih the Loan �xceed 1he permitted limits, then: �a) any such loan charge shall be reduced by the amount necessary ta reduce the eharge ta the permitted lirnit; and (b) any sumS alre�dy collected fram B�rrower which exceeded permitted limits will he refunded to Borrawer, 1.,ender may choose ta make this refund by reducing the principal owed under t�e Note or by making a direcl payment ta Borrower. If a refund reduces principal, the re�u�tion will he treated as a partial prepayment withnut any prepayment charge (whether or nat a prepayment charge is provided fur under the Nvte). Sorrower's ac�eptarice af any such refund made by direct payment ta Borrawer wili cnnstitute a waiver of any righk of action Sorrowe�` might have arising out af se�ch overcharge. 15, Notic�. AIl notices glven by Barrower or Lender in connection with this Security [nstrum�nt must be in wri�ing, Any nvlice to Borrvwer �n cannection with this 5ecurity Instrurnent shall bc decm�d to have been given to Borrawer when mailed by first class mail ar when actualty delivered to Barrvwer's notice address iF sent by other means. Natice to any one Banawer shall constituie natice to all Borrawers unless Applicable Law expressly requires atherwise. The nntice address sh�ll be the Praper�y Address unless Borrowsr has designated a substitule natice address by notice Io Lender. Borrower sh�ll prpmptly nntify Lender of Bvrrawer'S change of address. If Lender specifies a�rocedure for reparting Borrower's change of addr�ss, then Borrawer shalE anly repart a change of address thraugh that specified pracedure. Q011222b7433 CitiMartgagc 3.2.42.07 V4 NH�SKA - Single Family - Fannie Mae/Fraddie Mac UNIF�RM IN9TRUMBJT Wff� �-$A(N� los�o) Page 10 cf 15 �rntia�s: F�fTn 3L1P9 1��1